Jejomar Erwin “Junjun” Binay Jr. on Wednesday welcomed the decision of the Supreme Court (SC) affirming the jurisdiction of the Court of Appeals (CA) to act on petitions questioning orders issued by the Office of the Ombudsman.
Deciding on Binay’s petition questioning the validity of his suspension order by the Office of the Ombudsman, the High Court ruled in favor of the CA’s issuance of a Temporary Restraining Order (TRO) and Writ of Preliminary Injunction (WPI) on the first preventive suspension order issued by Ombudsman Conchita Carpio-Morales against the Makati City mayor.
In its ruling, the SC also allowed Binay to be the last person to benefit from the Aguinaldo Doctrine.
Binay was twice suspended by the Ombudsman over his alleged involvement in the bidding and construction of Makati City Hall Building 2 and the Makati City Science High School building projects.
He was eventually ordered dismissed by Morales.
The Aguinaldo Doctrine, which was first adopted in 1959, states that a reelected government official may not be held administratively accountable for wrongdoing committed during the previous term in the office.
The doctrine was invoked as a main line of defense by Binay’s lawyers in securing the TRO.
“Well, with that news, we’re grateful to the Supreme Court for that decision. So finally, kinatigan ng Supreme Court. Ito ’yong isang malaking hakbang para malinis natin itong pangalan natin sa dami ng mga kaso laban po sa atin [So finally, the Supreme Court affirmed the power of CA. This is one way to clear my name over many charges filed against me],” Binay said.
He believes that the SC’s decision will have a “strong implication” to the Ombudsman’s dismissal order last October.
Binay said it would have not reached this point if only Morales respected the CA’s ruling.
“Sana nga hinintay muna ng Ombudsman ’yong desisyon ng Supreme Court kasi sila naman ’yong nag-file at nag-question sa Supreme Court. Kung hinintay nila, hindi na sana umabot ’yong dismissal from the service na inilabas ng Ombudsman… [If only the Ombudsman waited for the decision of the Supreme Court, I would have not been dismissed from service],” he added.
As the SC reverses the decision of Morales, Binay hopes for the invalidation of the dismissal order.
“For us, ang sinasabi ng mga lawyers ko [according to my lawyers], that should be the effect now of the decision of the Supreme Court, recognizing the jurisdiction of the Court of Appeals. Kasi mag-a-apply ngayon ’yong lahat ng naging basis for the issuance of an injunction for my case [The basis for the issuance of an injunction for my case will now apply],” he said.